MB3-04042

MB3-04042

The RAD confirmed the RPD decision because the RPD's credibility findings were reasonable, transparently explained and supported by multiple, cumulative contradictions and inconsistent explanations; the RAD must defer to those reasonable factual findings and cannot rehear the matter de novo absent new evidence...

Source-derived case information.

Citation
MB3-04042
Parties
Appellant: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
7 January 2014
Procedural Posture
Refugee Appeal / Final Decision on Appeal
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Standard of Review, Convention Refugee, Person in Need of Protection, Procedural Fairness
Source Language
english
Immigration Law Refugee Law Administrative Law Credibility Assessment Standard of Review Convention Refugee Person in Need of Protection Procedural Fairness

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Parties

XXXX XXXX

Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal / Final Decision on Appeal

Legal Issues

  1. 1 Whether the Refugee Protection Division erred in assessing the appellants' credibility
  2. 2 Whether the Refugee Appeal Division may rehear the matter de novo or must defer to the RPD absent new admissible evidence
  3. 3 Whether the appellants meet the definitions of Convention refugee or person in need of protection under the IRPA

Ratio Decidendi

The RAD confirmed the RPD decision because the RPD's credibility findings were reasonable, transparently explained and supported by multiple, cumulative contradictions and inconsistent explanations; the RAD must defer to those reasonable factual findings and cannot rehear the matter de novo absent new evidence meeting s.110(6) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • The determination of the Refugee Protection Division is confirmed that XXXX XXXX and XXXX XXXX are not Convention refugees under section 96 of the IRPA and not persons in need of protection under section 97 of the IRPA.
  • The appeal is rejected.